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United States v. Meza

Appellant brings this appeal contending the amended sentence, as it relates to the revocation charge, was an improper modification of a sentence under 18 U.S.C. �3582(c) and was proscribed by Federal Rule of Criminal Procedure 35(a). The Government argues that the sentencing judge's reformulation was permissible under the Federal Rules and that the authority upon which appellant relies is distinguishable. The 5th U.S. Circuit Court of Appeals affirmed the judgment and sentence of the district court. 5th U.S. Circuit Court of Appeals, No. 09-40793, 09-20-2010

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Published opinion

Before STEWART, PRADO, and ELROD, Circuit Judges.

Defendant-Appellant Noemi Meza (“Meza”) brings this appeal challenging the jurisdiction of the district court to impose a criminal sentence. Meza has been twice arrested for immigrant-trafficking. After allocution and at her most-recent sentencing, Meza faced a prison term for each of two counts-a new substantive charge and sentencing on the revocation of supervised release. The district court announced a sentence of a combined term of forty-three months for both charges. Thereafter, within the same hearing and upon application by Meza’s counsel, the district court reformulated the sentence, but reached the same result: forty-three months.

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